There are three stages of the application process an investor must complete to become a permanent U.S. Resident:
The foreign investor must first gather documentation which highlights the legitimacy of the investment and how it meets EB-5 prerequisites. To acquire the proper status, the investor should then submit the aforementioned documentation and a finalized Immigrant Petition by Alien Entrepreneur Form (Form I-526) to the U.S. Citizenship and Immigration Services (USCIS)..
If the potential investor currently lives within U.S. territory and obtains consent on their I-526 Form, he or she can claim conditional resident status after USCIS approval of the Application to Register Permanent Residence or Adjust Status (Form 1-485). For those who live outside of U.S. territory, the application for an immigrant visa must me made through their U.S. Consulate.
The conditional resident status is valid for a 90-day term. Within this term, a petition by Entrepreneur to Remove Conditions (Form I-829) should be filed with the USCIS. Logistics of the investment, such as the validity of the investment over a two-year span and the satisfaction of the employment requirements, should be relayed in the I-829. The investor and members of his or her family under 21 will be considered permanent U.S. residents at the time the I-829 form is approved by USCIS.
Please complete the biographical document for all applicants, as well as the principal applicant must show proof of the investment funds.
Upon approval of I-526 Petition:
A. Those who live beyond U.S. borders have to wait for notice from their local U.S. Consulate to gather documents for the initial visa interview. This allows for the investor and supplemental applicants to go through several checks prior to receiving permanent residency; medical, police, security and immigration history. The Consulate officer will question any necessary information found on the 1-526 form at the interview. This includes questioning on the potential investment selected for the program.
B. If the person is in the United States, they submit a I-485 application form along with supporting documents, to the assigned office of the USCIS